Facts

Plaintiff was born on March 23, 2013 at 28 weeks gestational age by cesarean section and weighing 2 pounds and 5 ounces. Despite his prematurity, Plaintiff's APGARS scores were at 9 and 9 at 1 and 5 minutes, respectively. Plaintiff had issues with respiratory distress, apnea due to prematurity, and other medical issues. Plaintiff was discharged from the NICU on May 25, 2013 in good health at 5 pounds, 11 ounces.

Nine days after discharge, on June 3, 2013, Plaintiff had been continuously crying. He was also not eating. His crying was specifically described as high pitched. His mother called for an ambulance around 7:45 p.m. and he arrived at the hospital around 8:09 p.m. It appears that Roe Physician, a pediatric Emergency Room Physician, assessed Plaintiff in the emergency department around 8:45 p.m. Roe Physician attributed Plaintiff's problems to colic and sent Plaintiff home.

In the morning of June 4, 2013, Plaintiff went into cardiorespiratory arrest. Paramedics found Plaintiff lying on the floor and described Plaintiff as "pulseless and apneic." After about 30 seconds of CPR, Plaintiff had a weak cry. However, while being loaded onto the ambulance, Plaintiff stopped breathing again. Even after being bagged with bag-mask-valve ventilation with oxygen, Plaintiff had multiple episodes of apnea during the transportation back to the hospital. Plaintiff's was airlifted to Oakland Children's NICU for therapeutic hypothermia and a higher level of care.

Plaintiff was diagnosed with late-onset group B streptococcal infection. As a direct result of the cardiopulmonary arrest, Plaintiff was also diagnosed with Hypoxic Ischemic Encephalopathy.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Roe Physician and the hospital nurses fell below the standard of care. Plaintiff alleged that the standard of care requires an emergency physician to consider a fragile, ex-preemie patient. As such, according to Plaintiffs, the standard-of-care required Roe Physician to rule out late-onset GBS given the devastating nature of the disease. Plaintiff contended that Roe Physician fell below the standard of care by not admitting Plaintiff or calling for a neonatal consult. Dr. Nager contended that the hospital nurses failed to adequately conduct a physical examination, a blood pressure read, or a rectal temperature read on Plaintiff.

DEFENDANT'S CONTENTIONS: Defendants contended that Plaintiff presented with very non-specific findings and that colic was a reasonable diagnosis. Defendants also contended that given Plaintiff's late-onset GBS, the result would not have changed even if the child had been admitted to the hospital several hours earlier. Moreover, Defendants contended that the child's injuries were caused by a respiratory arrest and not directly from the GBS, which would have occurred even had the child been hospitalized.

Damages

Plaintiff contended that the damages were as follows: General Damages - $250,000 (Civil Code section 3333.2), Past Attendant Care - $745,038, Future Medical, Therapy, and Attendant Care - $21,028,404, Future lost earning capacity - $1,035,859. Medi-Cal also paid $284,998.59 for past medical treatment.

Injuries

It was undisputed that the child had severe brain damage, would never be able to work or engage in any meaningful conversation, and would require supervision for the rest of his life.

Result

The case settled for $2.1 million. Roe Physician carried a $2,000,000 insurance policy, which paid $1,900,000 to settle this case. Roe Hospital paid $200,000. The petition for the minor's compromise was approved on October 5, 2020.